Sharyn Haynes, et al. v. Wayne County, Tennessee
This is an appeal from the trial court’s grant of summary judgment to the defendant, Wayne County, in a wrongful death action filed under the Governmental Tort Liability Act. The plaintiff’s grandson committed suicide several hours after being released from the defendant’s jail. The plaintiff filed this wrongful death action alleging that his death was caused by the defendant’s negligence in releasing him from custody in an intoxicated state without a mental health evaluation and without notifying his family of suicidal threats that he made while incarcerated. Having reviewed the record, we conclude that the plaintiff’s evidence at the summary judgment stage is insufficient to establish that the defendant breached its duty of care to the decedent or that its conduct was a proximate cause of his death. We therefore affirm the trial court’s grant of summary judgment. |
Wayne | Court of Appeals | |
George M. Greenwood, et al. v. City of Lebanon, Tennessee
The plaintiffs entered into a contract signed by the commissioner of finance for the City of Lebanon to act as the City’s insurance broker for health care benefits. The plaintiffs secured a group health care benefit contract for the City for the period from July 1, 2013 through July 1, 2014. In February 2014, the City informed the plaintiffs that it had appointed another broker and refused to pay the monthly service fees for the remaining months of the contract. The City asserted that the contract was ultra vires because it was not signed by the mayor or approved by ordinance enacted by the city council as required by the City’s charter. The trial court found the contract to be ultra vires, but determined that the City “should be equitably estopped from denying the validity of the agreement” and granted summary judgment in favor of the plaintiffs. We affirm the judgment of the trial court. |
Wilson | Court of Appeals | |
In Re: Lorenda B.
This appeal concerns the termination of a mother’s parental rights to her minor child. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Davidson County (“the Juvenile Court”) seeking to terminate the parental rights of Judith B. (“Mother”) to her minor child Lorenda B. (“the Child”). Mother has alleged throughout this case that there is a satanic conspiracy against her and that the Child is at risk of having her organs harvested for trafficking purposes. After a trial, the Juvenile Court terminated Mother’s parental rights. Mother appeals to this Court. We affirm the grounds of substantial noncompliance with the permanency plan and mental incompetence, but we reverse the grounds of willful failure to support and persistence of conditions. We also affirm the Juvenile Court’s finding that termination of Mother’s parental rights is in the Child’s best interest. We affirm, in part, and reverse, in part, the judgment of the Juvenile Court. |
Davidson | Court of Appeals | |
State of Tennessee v. Tazarius Jay Vond Leach
A Davidson County Criminal Court Jury convicted the Appellant, Tazarius Jay Vond Leach, of two counts of aggravated robbery and one count of carjacking. The trial court imposed a total effective sentence of fifteen years. On appeal, the Appellant argues that the State’s providing “a hypothetical using the facts of the case” to explain criminal responsibility during voir dire violated his right to a fair trial and impartial jury. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Tracy Payne v. D & D Electric, et al.
The issue in this workers’ compensation appeal is whether the employer is entitled to summary judgment. The employee filed a claim for workers’ compensation benefits, alleging he injured his foot in the course and scope of his employment. His employer denied the claim, citing a lack of medical proof that the injury was job-related. The Court of Workers’ Compensation Claims denied a motion for summary judgment filed by the employer, finding there was a genuine issue of material fact as to whether the work injury contributed more than fifty percent in causing the injury. The Workers’ Compensation Appeals Board reversed and dismissed the case, holding that the employee failed to produce sufficient evidence that his foot condition arose primarily out of and in the course and scope of his employment. After careful review, we affirm the decision of the Workers’ Compensation Appeals Board. |
Hamilton | Workers Compensation Panel | |
Aaron Malone v. State of Tennessee
The petitioner, Aaron Malone, appeals the denial of his petition for post-conviction relief from his conviction for first degree felony murder. He asserts that the court erred in denying relief because he received the ineffective assistance of counsel and his due process rights were violated by the State’s failing to preserve unedited footage from “The First 48” television show. After review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
In Re: Kira G.
This case to terminate the parental rights of a father to his daughter is before the court for the second time. The case began when the mother and stepfather filed the petition to terminate the father’s rights and for the stepfather to adopt the child. The petition alleged the grounds of abandonment by failure to visit and support and by engaging in conduct showing a wanton disregard for the welfare of the child, and asserted that termination was in the child’s best interest. After a hearing, father’s parental rights were terminated; Father appealed. This Court vacated the judgment terminating his rights and remanded the case for the trial court to include written findings of fact and conclusions of law and to consider the four months prior to the father’s incarceration in the determination of whether the father had abandoned the child. On remand, the court entered an order which included findings of fact and conclusions of law, and terminated father’s parental rights on the grounds alleged in the petition and upon a finding that termination was in the child’s best interest. The father appeals. We affirm the judgment of the trial court. |
Greene | Court of Appeals | |
Mitchell Garner v. State of Tennessee
The Petitioner, Mitchell Garner, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief from his conviction of aggravated sexual battery and resulting twelve-year sentence. On appeal, the Petitioner claims that he received the ineffective assistance of counsel. Based upon the record and the parties' briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Yelsin A. Cruz
The defendant, Yelsin A. Cruz, appeals his Maury County Circuit Court jury conviction of rape of a child, claiming that the trial court erred by denying his motion to suppress his pretrial statement to the police, that the evidence was insufficient to support his conviction, and that the 27-year sentence is excessive. Discerning no error, we affirm. |
Maury | Court of Criminal Appeals | |
Steven J. Thomas, et al. v. Jeffrey M. Thomas, et al. v. Delmus L. Thomas, et al.
This appeal concerns the proper ownership of a piece of farm property in which the deed recites ownership as one-half to parents and one-fourth each to their two sons. The trial court eventually ruled that the property in dispute was solely owned by parents based on the complaining son’s nonpayment of taxes and awarded full ownership of the property to the parents under the theories of title by prescription and unjust enrichment. We reverse and remand. |
Crockett | Court of Appeals | |
In Re Estate of Virginia Spears
This appeal involves a challenge to certain decisions made by the probate court pursuant to a petition to ratify the decisions of the estate’s executor. Although we affirm the probate court’s determination that a $250,000.00 debt once owed to the decedent is now extinguished and also affirm its determination that a certain annuity policy should be transferred to the estate, we reverse the probate court’s determination that insurance policies owned by the decedent at her death should be transferred to her grandchildren. Further, we reverse the trial court’s order to the extent that it directs two other annuity policies to be directed to the decedent’s grandchildren. These other two annuities are also assets of the estate that are subject to distribution in accordance with the decedent’s will. |
Shelby | Court of Appeals | |
Orlando Malone v. State of Tennessee
The petitioner, Orlando Malone, appeals the summary dismissal of his petition for writ of habeas corpus, which petition challenged his 1999 Bradley County Criminal Court jury convictions of attempted especially aggravated robbery and aggravated robbery. Discerning no error, we affirm. |
Wayne | Court of Criminal Appeals | |
Linda Diane Cobb v. State of Tennessee
The plaintiff filed suit alleging discriminatory and harassing practices violative of the Tennessee Human Rights Act. The defendants moved for summary judgment, and the trial court dismissed the plaintiff’s claims, holding that the defendants had negated essential elements of the plaintiff’s claims. On appeal, the plaintiff argues that the trial court erred in failing to allow for additional discovery before ruling on the request for summary judgment. The plaintiff also argues that the trial court failed to address all her claims and that genuine issues of material fact precluded summary judgment. We conclude that the trial court properly granted summary judgment. Therefore, we affirm. |
Maury | Court of Appeals | |
Toni Jones v. Metropolitan Government of Nashville and Davidson County
This is an appeal from the grant of Appellee’s Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss Appellant’s 42 U.S.C. §1983 claim for alleged violation of her substantive and procedural due process rights to a public education. Appellant was removed from her Algebra I class and placed in a computer-based course. Because the right to a public education does not include a particular course placement or teaching method, Appellant’s complaint fails to state a claim for relief. Affirmed and remanded. |
Davidson | Court of Appeals | |
Paula Dugger v. Home Health Care Of Middle Tennessee, et al
Paula Dugger (“Employee”), a home health nurse, was injured in a motor vehicle accident while returning to her home from an attempt to travel to a patient’s residence. Home Health Care of Middle Tennessee (“Employer”) denied her claim, contending that the injury did not occur in the course of her employment. Employee sought temporary benefits from the Court of Workers’ Compensation Claims (“trial court”). The trial court denied her petition, and that denial was affirmed by the Workers’ Compensation Appeals Board. Upon remand to the trial court, Employer filed a motion for summary judgment on the issue of compensability. The motion was supported by a set of agreed facts submitted by the parties. The trial court granted Employer’s motion and entered an order dismissing Employee’s claim. Employee appealed directly to the Supreme Court, as permitted by Tennessee Code Annotated sections 50-6-225(a)(1) (2014) and 50-6-239(c)(7) (2014). The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We reverse and remand. |
Workers Compensation Panel | ||
Cheryl S. Maher v. Joseph A. Woodruff
This is a post-divorce case involving wife’s claims against husband for a portion of his military retirement benefits and husband’s claims against wife for retroactive child support. Wife initiated this action against husband claiming that, pursuant to the parties’ marital dissolution agreement, she was entitled to a percentage of the retirement benefits that husband was receiving from the military, as well as a judgment for a portion of the benefits that had already been paid to husband. Husband then filed a counter-petition against wife requesting that the court enter a judgment against her for back child support. The trial court held that the parties’ martial dissolution agreement did in fact entitle wife to a percentage of husband’s military retirement benefits going forward but that she failed to present the proof required for an award of the benefits husband received prior to trial. The trial court further found that wife owed husband child support and calculated the amount of child support wife owed by using the Child Support Guidelines that were in effect at the time wife’s child support obligation was incurred rather than those in effect at the time of trial. Wife appealed. We reverse the judgment of the trial court with respect to the calculation of wife’s child support obligation and remand with instructions to re-calculate child support using the Child Support Guidelines in effect at the time of trial. We modify the order of the trial court to correct the percentage of the retirement benefits to which wife is entitled. The remainder of the judgment is affirmed. We decline husband’s request for attorney’s fees incurred on appeal. |
Williamson | Court of Appeals | |
Brandi Burge, et al. v. Farmers Mutual of Tennessee
This appeal involves an insurer’s refusal to pay a claim for a fire loss. The trial court granted summary judgment in favor of the plaintiffs on the issue of liability and held a bench trial on the issue of damages only. The trial court ultimately awarded the plaintiffs $127,500 for their covered losses, prejudgment interest, and a statutory penalty because the insurer’s refusal to pay the claim was not in good faith. On appeal, the insurer argues that the plaintiffs are not entitled to any recovery because they failed to sufficiently prove their damages. The insurer also contends that it did not act in bad faith because it had substantial legal grounds for denying the claim. The plaintiffs argue that the trial court should have awarded additional damages. We conclude that the trial court should have awarded $4,000 in additional damages for the loss of the residence but otherwise affirm the trial court’s judgment as modified. |
Grundy | Court of Appeals | |
Mary L. Vaughn v. State of Tennessee
The petitioner, Mary L. Vaughn, appeals the denial of her petition for post-conviction relief, which petition challenged her 2014 Hawkins County Criminal Court guilty-pleaded convictions of second degree murder and aggravated child abuse, arguing that she was denied the effective assistance of counsel and that her guilty pleas were not knowingly or voluntarily entered. Discerning no error, we affirm the denial of post-conviction relief. |
Hawkins | Court of Criminal Appeals | |
State of Tennessee v. Ronald Turner
Defendant, Ronald Turner, appeals his convictions stemming from various drug and firearm offenses. He challenges the sufficiency of the evidence and argues that the criminal gang enhancement of some of his offenses pursuant to Tennessee Code Annotated section 40-35-121(b) was unconstitutional in light of State v. Bonds, 502 S.W.3d 118 (Tenn. Crim. App. 2016). Upon review, we determine that the evidence is sufficient to support Defendant’s convictions. However, because Defendant is entitled to retroactive application of the holding in Bonds, we vacate the sentences of the underlying convictions to which the enhancement was applied and remand those convictions for resentencing. Additionally, we conclude that the trial court committed plain error by improperly applying the Drug-Free School Zone Act and remand for resentencing on this basis. We also remand for correction of clerical errors. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Moriarco Montrell Lee
The Defendant, Moriarco Montrell Lee, and his co-defendant, Dequevion Lamar Lee, were indicted by a Madison County Grand Jury for attempted first degree murder and aggravated assault. Following a jury trial, the Defendant was convicted as charged, and the trial court merged the aggravated assault conviction into the attempted first degree murder conviction and sentenced the Defendant to twenty-two years to be served in the Tennessee Department of Correction. On appeal, he argues that the evidence is insufficient to sustain his convictions. Upon review, we affirm the judgments of the trial court but remand for entry of a judgment form as to count two reflecting that the Defendant’s aggravated assault conviction was merged with count one. |
Madison | Court of Criminal Appeals | |
Eric Bledsoe v. State of Tennessee
The Petitioner, Eric Bledsoe, appeals as of right from the denial of his petition for postconviction relief, wherein he challenged his conviction for aggravated rape, aggravated burglary, and theft of property valued at $1,000 or more but less than $10,000. See Tenn. Code Ann. §§ 39-13-502; -14-103; -14-403. On appeal, the Petitioner contends that his attorney provided ineffective assistance of counsel by failing to call potential defense witnesses during trial and failing to adequately investigate the Petitioner’s mental health history. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Casey J. Lawson v. State of Tennessee
The Petitioner, Casey J. Lawson, pleaded guilty to unlawful possession of a weapon by a convicted felon and theft of property valued at $1,000 or more but less than $10,000. He timely filed a petition for post-conviction relief; following a hearing on the petition, the post-conviction court denied relief. On appeal, the Petitioner alleges that he received ineffective assistance of counsel because trial counsel’s advice to plead guilty was deficient and because trial counsel failed to argue several pending motions before the Petitioner pled guilty. He also argues that his pleas were unknowing and involuntary because the State coerced him into pleading guilty by moving to revoke his bail and because trial counsel moved to withdraw from the representation. After a thorough review, we affirm the judgment of the post-conviction court. |
Smith | Court of Criminal Appeals | |
Freddy Mora, et al. v. David Vincent, et al.
Freddy Mora (“Plaintiff”), pro se, appeals the February 4, 2016 judgment of the Chancery Court for Bradley County (“the Trial Court”) in this suit alleging violations of Tenn. Code Ann. § 66-28-101, et seq., the Uniform Residential Landlord and Tenant Act. Plaintiff’s brief on appeal severely fails to comply with Tenn. R. App. P. 27. We, therefore, find that Plaintiff has waived his issues on appeal. David Vincent and Teresa Vincent (“Defendants”) raise an issue regarding the Trial Court’s award to Plaintiff of attorney’s fees. We find and hold that while the award of attorney’s fees was proper, there is nothing in the record before us on appeal showing any evidence which the Trial Court could have relied upon in determining the amount of attorney’s fees. Nor is there anything in the record showing that the Trial Court considered the factors contained in Rule 8, RPC 1.5 of the Rules of the Supreme Court or the applicable case law in determining the amount of reasonable attorney’s fees. Given all this, we vacate the amount awarded in attorney’s fees and remand this case to the Trial Court for further proceedings to determine the amount of reasonable attorney’s fees to be awarded to Plaintiff. |
Bradley | Court of Appeals | |
State of Tennessee v. Walter Townsend
After groping his twenty-five-year-old neighbor's crotch, eighty-two-year-old Walter Townsend, the Defendant, entered a plea of nolo contendere to the offense of sexual battery, a Class E felony. The trial court placed the Defendant on judicial diversion pursuant to Tennessee Code Annotated section 40-35-313, and deferred prosecution for a period of eighteen months of supervised probation. Significantly, the trial court did not require the Defendant to register as a sexual offender under the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004 (the “Act”), pursuant to Tennessee Code Annotated sections 40-39-201 to -218. In this State appeal, the sole issue presented for our review is whether the trial court abused its discretion by not ordering the Defendant to register as a sexual offender. Upon review, we affirm the judgment of the circuit court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Marcus Boales
The defendant, Marcus Boales, appeals from the trial court’s dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1 for failure to assert a colorable claim. Discerning no error, we affirm the judgment of the trial court. |
Henderson | Court of Criminal Appeals |